The law is clear on how you manage employees when it comes to the roster, breaks and the like.
Ignorance is no excuse. Read the award. If you are not sure, check out the Fairwork website.
Most newsXpress retail employees would be employees under the General Retail Industry Award. Here are highlights covered by this award. We draw these to your attention because of complaints newsXpress has received from store employees in several states over recent months:
- The minimum shift period is 3 hours.
- The roster is to be displayed on a noticeboard in the shop. This has to show the start and end time of each roster for each person, by day.
- You are required to keep a copy of each roster for a minimum of 12 months.
- Our advice is you provide a copy of the roster in writing each week, 7 days in advance, to employees – by email or text or printed notice. Leave no doubt for you and your employees as to the rostered hours.
- Roster change notice period.
- Once a casual has turned up for a rostered shift, any time after the first three hours they can be sent home. You cannot say we don’t need you today and send them home right away.
- If you plan to change an employee’s regular roster, discuss it with them first. Do not make the change unless you have done this.
- If you recall an employee to work, the time they are paid is from when they leave home to when they return home.
- Any shift of four hours or more must include a break. The award has specific information on the hours worked and breaks required.
- If you have multiple locations and employees work for the one legal entity or multiple legal entities with common directors, we understand Fairwork would see this as one employer in the event of a dispute.
The goal of this advice sheet is to provide a broad overview, to help you avoid getting caught making moves that put you on the wrong side of the law.
Be careful with your roster. Document everything. Do not look for a money-saving short cut.
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